Biggs v. Lexington & Big Sandy Railroad
Court of Appeals of Kentucky
Case 97 — EQUITY APPEAL FROM BOYD CIRCUIT COURT. 1. The cause of action for a deficit in the land was not assigned toappellee, nor could it have been assigned so as to enable appelleeto sue without joining the assignors. 2. If appellee ever had any right of action, it is barred by limitation.
Read the full summary
Case 97 — EQUITY APPEAL FROM BOYD CIRCUIT COURT. 1. The cause of action for a deficit in the land was not assigned toappellee, nor could it have been assigned so as to enable appelleeto sue without joining the assignors. 2. If appellee ever had any right of action, it is barred by limitation. (Gen. Stat., chap. 71, art. 3, sec. 2.) 3. So much of the land convoyed by Biggs as was in the adverse possession of others should have been deducted, as the contract to-that extent was void. (Wash v. McBrayer, 1 Dana, 565; Bedman, &c., v. Sanders, &c., 2 Dana, 70; Bust v. Larue, 4 Littell, 413; Thompson…
1Opinion of the Court
JUDGE HARGIS
delivered the opinion op the court.
In consideration of $6o,ooo, payable in different installments, on or before March 7, 1866, R. M. Biggs, deceased, by written contract, sold and agreed to convey by general warranty deed, to Hartman and Coleman, five parcels of land, which were stated as “containing three thousand and seven hundred acres.”
The writing embraced this stipulation: “ The lands are to be surveyed, and if they run short, the said Biggs is to make a deduction in proportion, and if they overrun, the said H. and C. are to pay in proportion.”
On the 24th of February, 1866,…
2Cited by12 opinions
- Morris v. McDonaldCourt of Appeals of Kentucky · 1922
- Nave v. PriceCourt of Appeals of Kentucky · 1900
- Salyer v. BlessingCourt of Appeals of Kentucky · 1913
- Pond Creek Coal Co. v. RunyonCourt of Appeals of Kentucky · 1923
- Beckley v. GilmoreCourt of Appeals of Kentucky · 1921
7 more not listed; retrieve them via the Exa API.